Confirm favorite deletion?
Civil Procedure Keyed to Field
United States v. Moser
Facts
Plaintiff and Jasper were both cadets at the U.S. Naval Academy during the Civil War. Following the war, both went on to serve as career officers in the Navy. Soon after the Civil War, Congress passed a law that granted any officer in the Navy who served during the Civil War retirement pay at three-quarters the sea pay of the next higher grade. When Plaintiff retired, he sued the United States to receive his benefits under this statute. Plaintiff succeeded in his suit on the first installment. Jasper then filed a similar action, but failed in his suit as the United States introduced a statute that stated that Naval cadets were not considered veterans of the Civil War. This statute had not been introduced in Plaintiff’s action. although it clearly would have been dispositive of Plaintiff’s action. Plaintiff then brought three subsequent actions on the next three installments and the court applied res judicata and found for Plaintiff, even though the first judgment was based upon an erroneous understanding of the law. The government appealed.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.